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The week's question
In December 2024, in the thread "Re: BRK: Why Not XOM?", BreckHutHigh asked the members: "What about the long road trips with kids?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Halls of Shrewd'm / US Policy
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Author: albaby1 SILVER
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Number: of 84350 
Subject: Re: Audio of Trump's Conversation
Date: 06/27/23 8:37 PM
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...on a server that had no business receiving the information.

Again - the statute prohibits removing documents and materials, not receiving classified information.

One does not find what one does not seek.

The FBI read all the material on the server. They read every single email. And they checked with all of the agencies that might have control over the information contained in those emails. They found:

From the group of 30,000 emails returned to the State Department, 110 emails in 52 email chains have been determined by the owning agency to contain classified information at the time they were sent or received.

nytimes.com - Transcript james comey hillary clinton emails

Note that these weren't classified "documents" on her email servers - these were emails where someone had included classified information. That doesn't even mean that the classified information was "removed" or even "copied" from another location - lots of mere factual information that someone knows about is "classified" and is not properly disseminated on an open email system. For example, if Huma Abedin sent Clinton an email describing a meeting that she had the prior day with the Secretary of DOD - the occurrence of which meeting DOD considered classified - then that would be an email containing classified information that wasn't removed or copied from any other source.

Per the IG report, nearly every one of the instances of classified information met that profile. These are emails where people were writing about classified things that they shouldn't have - not people going into government files and removing and forwarding classified documents. Only three emails contained portions of documents that had (C) classified markings - all of the rest of them were just information that other agencies determined after the fact was classified and shouldn't have been sent via an open system at the time. And those were emails that Clinton received.

You think Hillary! didn't damn well know that someone was coming for that material?

The destruction of evidence and/or obstruction of justice statutes require more than just knowing that someone might want to see material someday. Absent some legal prohibition, you're perfectly free to delete your own emails or documents or any other record you have. If a judicial proceeding or enforcement investigation is commenced against you, you are then under an obligation to preserve documents. Merely being aware that Congress might be interested in you some day, months and months before a subpoena is issued, does not create that obligation.

Again, just because someone does something wrong doesn't mean that they've done something that is a criminal violation of a federal statute.
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